The Council on American-Islamic Relations (CAIR) and the Islamic Society of Tulsa (IST) today held a news conference in Tulsa, Oklahoma, to announce the filing of a lawsuit against the City of Broken Arrow for illegally denying IST a rezoning application to construct a mosque in Broken Arrow.
That lawsuit reads in part: “The City of Broken Arrow violated IST’s constitutional and statutory rights to use their land for worship and to not be treated differently simply because of their faith. Having failed to meet its legal obligations, IST now seeks the Court’s intervention to compel the City to do so.”
The lawsuit alleges that the city violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First and Fourteenth Amendments to the United States Constitution, and the Oklahoma Religious Freedom Act.
It asks the court to declare the city’s actions unlawful, to approve the project, and to grant compensatory and punitive damages.
“While we are disappointed that the City’s decision makes it necessary for us to take this action, we remain hopeful that a resolution can be found quickly which will allow us to construct our facility and serve the Broken Arrow community just as we have served our Tulsa neighbors for years,” said Syed Newaz, Board Chairman for IST. “Our vision has never been about changing Broken Arrow; it has been about serving families who already live here, providing a place to worship, educating our children, supporting local businesses, and contributing to the city alongside our neighbors.”
“City officials made a serious mistake here, but it isn’t too late for Broken Arrow to change course,” said Gadeir Abbas, Deputy Litigation Director at CAIR Legal Defense Fund. “Rather than embroil Broken Arrow in litigation it is sure to lose, we urge city officials to come to the table and settle this through dialogue and good-faith negotiations.”
BACKGROUNDER:
In January, the Broken Arrow City Council denied IST’s application to rezone a parcel of land. The land has been owned by IST since 2014, and the application would include plans to build a community center which would house a food pantry, retail spaces, medical clinic, and a mosque. The DOJ recently announced that it would investigate the denial for possible violations of federal law.
SEE: CAIR Welcomes DOJ Probe of Broken Arrow Mosque Decision
SEE: Conceptual Layout Plan for IST Application
At the City Council hearing on January 12, around 1,000 Broken Arrow residents and neighbors heard from dozens of speakers, many of whom cited anti-Muslim talking points and rhetoric as a reason that the city should deny the application. The decision was surrounded by a wave of Islamophobic commentary on social media, following statements by local officials and attempts to resurrect an anti-Muslim state constitutional amendment identical to one that was ruled unconstitutional in 2012.
SEE: CAIR Releases Analysis of Anti-Muslim Oklahoma Politics
CAIR recently said it has documented 17 incidents targeting Islamic places of worship in May, June, and July to date. The 17 incidents represent 51 percent of the previous year’s total and a 183 percent increase over the same three-month period last year, during which CAIR documented six such incidents.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: Veronica Laizure, CAIR LDF Staff Attorney for Oklahoma, [email protected], 405-430-9877; Islamic Society of Tulsa, [email protected] ; Edward Ahmed Mitchell, CAIR National Deputy Director, [email protected], 404-285-9530; Ibrahim Hooper, CAIR National Communications Director, 202-744-7726, [email protected]; Ismail Allison, CAIR National Communications Manager, 202-770-6280, [email protected]